Ex-detective testifies in Drumgold suit

Says he didn't file report on witness

Shawn Drumgold served 15 years in prison

One of two retired Boston police detectives accused of railroading Shawn Drumgold in the 1988 slaying of 12-year-old Darlene Tiffany Moore acknowledged yesterday that he never wrote a report documenting that he put up a crucial prosecution witness at a hotel free for several months before the trial.

Testifying at Drumgold's federal lawsuit accusing the Boston police of violating his civil rights, Timothy Callahan said he is certain that he told the prosecutor in the case that he had put up Ricky Evans, a purported teenaged eyewitness to the notorious slaying, at a Howard Johnson's hotel in Dorchester in 1989. But he said he cannot recall when and conceded that no reports document it.

"The policy was to investigate and report, and I'm sure I told the assistant district attorney that we placed him in a hotel," Callahan said in US District Court.

A state judge threw out Drumgold's conviction in November 2003, after he had served 15 years in prison, because the defendant and his attorney never knew about several pieces of evidence that could have cleared Drumgold.

The evidence included the fact that Evans had received free lodging and spending money from Callahan and that another purported eyewitness had been suffering from a fatal brain tumor that could have affected her memory when she implicated Drumgold. A Globe investigative report in May 2003 disclosed the withheld evidence.

Three weeks ago, Evans testified that he made up his testimony that he had seen Drumgold near where Moore was fatally shot in Roxbury, after detectives fed him information and food, put him up at the hotel for eight months, and cleared up a handful of outstanding arrest warrants. He also said he repeatedly received cash.

Under rapid-fire questioning yesterday by Drumgold's lawyer, Rosemary Scapicchio, Callahan testified he had no idea that another detective, Paul McDonough, who is not being sued, drove Evans to Roxbury District Court to clear up the arrest warrants, even though Callahan supervised McDonough.

McDonough previously testified that he told Callahan about clearing up the warrants the same day it happened, Scapicchio said.

Moore was killed Aug. 19, 1988, by stray bullets as she sat on a mailbox on a Roxbury street corner, talking to friends. Two gunmen wearing Halloween masks fired at a crowd in what police believed was a gang shooting.

Callahan, who spent 34 years on the police force, testified yesterday Evans informed him in June 1989 that he saw Drumgold near the crime scene shortly before and after the shooting and that he was armed. Drumgold had already been arrested in Moore's slaying, but Scapicchio has contended that the case against him was flimsy until Evans surfaced.

Shortly after the disclosure, Callahan said, the detective put him up at a hotel and gave him $20. Callahan said the arrangement had several purposes, including ensuring that Evans would show up to testify.

Scapicchio called it a reward, which Callahan denied.

Callahan is expected to testify again today and will be followed by Richard Walsh, the other retired detective being sued by Drumgold.

Jonathan Saltzman can be reached at jsaltzman@globe.com.

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